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(영문) 부산지방법원 2015.12.17 2015고단7358
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:30 on October 14, 2015, the Defendant, on the ground that the Defendant operated the Obane without wearing a safety cap on the front side of the Busan Northern River, he driven the Oba in order to avoid the location of the horse, and carried out the operation of the Oba in order to avoid the event that the victim D (Nam and 44 years old) who is an Inspector of the Busan Northern Police Station C District District would be able to pay a fine to hear the horse. The Defendant, on the ground that the Defendant: (a) 15:30 on October 14, 2015, sent the chest to the left side of the Oba; and (b) she abused the victim by driving the Obaba in a way of acceleratinging the above Oba; and (c) she tried the victim to drive the Obaba on the ground floor in a way that

Accordingly, the defendant assaulted the victim, which is a dangerous object, and obstructed the police officer's legitimate execution of duties concerning traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the execution of official duties) (the special person) / [Pronouncement of sentence] / The act of assaulting a police officer, which is a dangerous object, to regulate the defendant's failure to wear safety caps, is not good enough.

However, in consideration of all the circumstances, such as the fact that the defendant has no specific criminal records, deposit one million won for the victimized police officer, the fact that social ties are clear, his mistake is divided in depth and reflects, etc., in addition to punishment as a fine, it shall be sentenced to the same punishment as the order.

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